Judge rules Siveny can see part of evidence

May 19, 2011 7:52 AM

Written by

Jim Collar

Post-Crescent staff writer

APPLETON — A woman charged in a beating-for-hire case that grew from a Greenville homicide investigation will have access to portions of police work done in connection to the unsolved death.

Outagamie Judge Michael Gage on Wednesday granted Kandi M. Siveny access to some portions of the investigative file into the death of Lara Plamann. Siveny, 32, is charged with soliciting substantial battery and criminal damage to property stemming from incidents in 2006 and 2007.

Siveny is accused of offering money to a Minnesota man in 2006 to beat Plamann to the point of hospitalization. The attack wasn't carried out. The property damage charge relates to vandalism in August of 2007.

Plamann, who was the domestic partner of Siveny's mother, Dianna Siveny, was found dead of a gunshot on Oct. 18, 2007, in a shed at the Greenville home they shared. No charges have been filed in connection with her death.

Gage noted the short timeframe between August 2007 and Plamann's death. He said the prosecution's theories of motive regarding the battery case, property damage and homicide are "inextricably intertwined," and therefore the defense should have some access to the records.

Gage granted Siveny access to statements of witnesses in the investigative file that have a connection to the battery and property damage, including her mother.

Dianna Siveny also is charged with soliciting substantial battery and criminal damage to property.

The defense will not be allowed access to information regarding the homicide scene, Plamann's autopsy or forensic evidence. Gage said he will limit the defense's access to statements pertaining to events up until two days before Plamann's body was discovered.

"Statements bearing on the relationships and activities in the relationships are highly relevant and subject to disclosure," Gage said.

Dan Clausz, attorney for Kandi Siveny, said at a previous hearing that the investigative records would benefit the defense by showing how police came in contact with some witnesses.

Siveny's property damage charge is related to vandalism done to a car owned by another woman with whom Plamann had a relationship. Police say the beating was to occur outside that woman's home.

Dianna Siveny filed a similar motion in her case also seeking access to records in the homicide file. A decision hasn't been made in her case.

Gage gave attorneys until May 26 to prepare an order dictating Clausz's access to the records.